These Terms and Conditions govern your access to and use of nearshorernd.com and any services provided through the website. By accessing the website or engaging our services, you agree to be bound by these Terms.
Definitions
For the purposes of these Terms:
- Agreement – The contract, proposal, these Terms and Conditions, and any related documentation governing the engagement.
- Client Content – Materials, data, or information provided by the client for use in the Services.
- Deliverables – The outputs or results specified in the Agreement.
- Company Tools – Proprietary tools, frameworks, systems, software, and methodologies owned or licensed by nearshorernd.com.
- Final Deliverables – Completed work delivered under the Agreement.
- Project – The defined scope of work described in the Agreement.
- Services – The professional services provided by nearshorernd.com.
- Third-Party Materials – Content, software, or other resources owned by third parties and incorporated where applicable.
Service Delivery
Services are performed in accordance with the milestones and specifications outlined in the Agreement. We will apply professional judgment and commercially reasonable efforts in delivering the Services.
Project timelines depend on timely cooperation and provision of required materials by the client.
Proposals and Scope of Work
Proposals remain valid for thirty (30) days unless otherwise stated. If not accepted within that period, we reserve the right to revise and resubmit the proposal.
The scope of Services is limited to what is expressly defined in the Agreement. Any additional work must be approved in writing before commencement.
Fees and Expenses
Unless otherwise specified in the Agreement:
- Third-party costs are invoiced separately.
- Approved project-related expenses may be billed at cost.
- The client is responsible for applicable taxes related to the Services.
Payment Terms
Invoices are payable within five (5) days of issuance unless otherwise agreed in writing. Payments may follow milestone-based schedules as outlined in the Agreement.
Changes to Scope
All change requests must be submitted in writing.
Minor adjustments that do not materially affect pricing or timelines may be accommodated without a formal amendment. Significant changes impacting scope, cost, or delivery schedule require a revised or supplemental Agreement.
Revised proposals should be accepted within fourteen (14) working days unless otherwise agreed.
Delays and Force Majeure
If delays occur due to the client’s failure to provide materials, approvals, or feedback, timelines may be extended accordingly.
Events beyond reasonable control, including force majeure circumstances, shall not constitute a breach and may result in adjusted timelines.
Review and Acceptance
Deliverables undergo internal review prior to submission.
The client has seven (7) working days to review and provide feedback. Revisions within scope will be addressed within a reasonable timeframe.
If no response is received within the review period, Deliverables may be deemed accepted.
Client Responsibilities
The client agrees to:
- Provide accurate, lawful, and usable materials
- Ensure that Client Content does not infringe third-party rights
- Provide timely feedback and approvals
- Arrange necessary third-party permissions where required
Unless otherwise agreed, final proofreading and verification are the client’s responsibility.
Confidentiality
Both parties agree to maintain confidentiality of non-public information shared during the engagement.
This obligation does not apply to information that is publicly available, independently obtained without breach, or required to be disclosed by law.
Independent Contractor Relationship
nearshorernd.com acts as an independent contractor. Nothing in these Terms creates a partnership, joint venture, employment relationship, or exclusive arrangement unless expressly agreed in writing.
We may engage subcontractors where appropriate while remaining responsible for the Services delivered.
Limitation of Liability
To the extent permitted by applicable law, Services are provided “as is.” Our total liability for any claim arising from the Services shall not exceed the amount paid for the specific Services giving rise to the claim.
Intellectual Property Rights
Upon full payment, the client receives a non-exclusive, worldwide, perpetual license to use the Final Deliverables as agreed.
Company Tools and underlying methodologies remain the property of nearshorernd.com unless expressly transferred in writing.
Support Services
Support or maintenance services are provided only if agreed in writing. Additional support may incur separate charges. Any warranty may be void if Deliverables are modified by unauthorized third parties.
Updates to These Terms
We may revise these Terms and Conditions at any time. The version posted on nearshorernd.com at the time of use governs the relationship. Continued use of the website or Services constitutes acceptance of any updates.